Ontario Disability Support Program Act, 1997
ontario REGULATION 225/98
Amended to O.Reg. 357/02
ADMINISTRATION AND COST SHARING
Historical version for the period January 1, 2003 to March 23, 2005.
This is the English version of a bilingual regulation.
1.In this Regulation,
“assistance” means income support and interim assistance provided under section 25 of the Act; (“aide”)
“cost of administration” means the administrative costs, including the costs of staff training, incurred or payable by Ontario with respect to the provision of assistance under the Act; (“coûts d’administration”)
“delivery agent” means a delivery agent under the Ontario Works Act, 1997 other than a band designated under section 2 of Ontario Regulation 136/98; (“agent de prestation des services”)
“designation date”, when used in connection with a geographic area or a proposed geographic area, means the first date on which a delivery agent is designated under the Ontario Works Act, 1997 for the geographic area; (“date de désignation”)
“geographic area” means an area designated as a geographic area for a designated delivery agent under the Ontario Works Act, 1997; (“zone géographique”)
“Greater Toronto Area” means the territory that lies within the jurisdiction as constituted from time to time of The Regional Municipality of Durham, The Regional Municipality of Halton, The Regional Municipality of Peel, the City of Toronto and The Regional Municipality of York; (“grand Toronto”)
“prescribed costs” means the costs set out in section 5.1; (“coûts prescrits”)
“proposed geographic area” means an area designated as a geographic area under the Ontario Works Act, 1997 for the purpose of preparing to designate a single delivery agent under that Act for it. (“zone géographique proposée”) O.Reg. 225/98, s.1; O.Reg. 275/98, s.1; O.Reg. 587/98, s.1.
2.(1)The amount payable to Ontario by a delivery agent that is not in the Greater Toronto Area shall be equal to the sum of,
(a) 20 per cent of the cost of assistance provided by or on behalf of Ontario to persons who reside within municipalities in the delivery agent’s geographic area; and
(b) if the delivery agent employs a full-time administrator, 50 per cent of the reasonable cost of administration attributable to municipalities in the delivery agent’s geographic area. O.Reg. 36/99, s.1.
(1.1)Despite subsection (1), a delivery agent whose geographic area includes the Town of Moosonee is not required to pay to Ontario,
(a) its share of the cost of assistance provided to persons who reside in the Town; and
(b) its share of the reasonable cost of administration attributable to the Town. O.Reg. 618/00, s.1.
(2)The amount payable to Ontario by a delivery agent within the Greater Toronto Area shall be calculated as follows:
1. Determine 20 per cent of the cost of assistance provided by or on behalf of Ontario to persons who reside within the Greater Toronto Area.
2. Add to that amount 50 per cent of the reasonable cost of administration attributable to the Greater Toronto Area.
3. Apportion the amount determined under paragraph 2 among the delivery agents by multiplying that amount by the percentage attributable to each delivery agent,
i. as determined under section 2.1 for years after 2001, or
ii. as set out in the following Table for 2001:
TABLE
Delivery Agent / Percentage of TotalRegional Municipality of Durham / 7.10194766 %
Regional Municipality of Halton / 7.44053594 %
Regional Municipality of Peel / 18.95881974 %
City of Toronto / 50.88579604 %
Regional Municipality of York / 15.61290062 %
O.Reg. 225/98, s.2(2); O.Reg. 132/99, s.1; O.Reg. 75/02, s.1.
2.1(1)For the purposes of paragraph 3 of subsection 2 (2), the percentage attributable to a delivery agent in the Greater Toronto Area for a year is the amount determined using the formula,
A/B
in which,
“A” is the total weighted assessment of the delivery agent for the year, and
“B” is the sum of the total weighted assessments of all of the delivery agents in the Greater Toronto Area for the year.
O.Reg. 75/02, s.2.
(2)The total weighted assessment of a delivery agent for a year is the sum of all amounts each of which is the weighted assessment for a property class of the delivery agent for the year determined using the formula,
C × D
in which,
“C” is the GTA-wide weighted transition ratio for the property class, and
“D” is the sum of the net taxable assessments for the previous year of all properties in the property class in the geographic area of the delivery agent.
O.Reg. 75/02, s.2.
(3)The GTA-wide weighted transition ratio for a property class set out in the following Table is the ratio set out opposite the property class in the Table:
TABLE
Item / Property Class / Ratio1. / The residential/farm property class / 1.00
2. / The farmlands property class / 0.25
3. / The managed forests property class / 0.25
O.Reg. 75/02, s.2.
(4)The GTA-wide weighted transition ratio for a property class that is not set out in the Table to subsection (3) is the amount determined as follows:
1. For each delivery agent, multiply the sum of the net taxable assessments for the previous year of all properties in the property class in the geographic area of the delivery agent by the transition ratio applicable to that property class and delivery agent.
2. Add the products calculated under paragraph 1 in respect of all of the delivery agents.
3. Divide the sum calculated under paragraph 2 by the sum of the net taxable assessments for the previous year of all properties in the property class in the geographic areas of all of the delivery agents. O.Reg. 75/02, s.2.
(5)In this section,
“net taxable assessment” means,
(a) with respect to property that is in a subclass to which section 313 of the Municipal Act, 2001 applies, the taxable assessment for the property, as reduced by the percentage reduction that applies with respect to that assessment under section 313 of that Act, and
(b) in respect of property not referred to in clause (a), the taxable assessment in respect of the property; (“évaluation nette imposable”)
“property class” means a class of real property prescribed under the Assessment Act; (“catégorie de biens”)
“taxable assessment” means, in respect of a property, the assessment of the property on which tax rates are levied under section 311 or 312 of the Municipal Act, 2001; (“évaluation imposable”)
“transition ratio” means, in respect of a delivery agent for a property class not set out in the Table to subsection (3), the transition ratio or average transition ratio, as applicable, that is prescribed for the purposes of section 308 of the Municipal Act, 2001 for the property class in the delivery agent’s geographic area. (“coefficient de transition”) O.Reg. 75/02, s.2; O.Reg. 357/02, s.1.
3.If Ontario has paid assistance to a recipient who is not eligible for it, the amount paid may be included as assistance for the purposes of section 2. O.Reg. 225/98, s.3.
4.If Ontario recovers all or part of the assistance paid to a recipient, it shall refund to the appropriate delivery agent the amount that the delivery agent paid to Ontario with respect to the assistance recovered. O.Reg. 225/98, s.4.
5.The Director shall pay, on behalf of an applicant or recipient, the cost of completion of a report required under paragraph 5 of subsection 14 (2) of Ontario Regulation 222/98 (General). O.Reg. 225/98, s.5.
Costs Prescribed for Cost Sharing Purposes
5.1The prescribed costs for the purposes of section 40 of the Act are the cost of assistance and the cost of administration. O.Reg. 275/98, s.2.
Agreements for Sharing of Costs by Municipalities
5.2(1)The municipalities set out in the designation of a geographic area or a proposed geographic area may enter into an agreement under which the prescribed costs payable or to be payable by those municipalities under this Regulation are apportioned among them. O.Reg. 275/98, s.2.
(2)The agreement becomes effective,
(a) in the case of a proposed geographic area, on the designation date; or
(b) in the case of a geographic area,
(i) if a date is specified in the agreement, on the specified date, and
(ii) otherwise, on the day the agreement is made. O.Reg. 275/98, s.2.
(3)Subject to subsection (4), the agreement may be effective with respect to a period before it is made and, in that case, shall provide for a monetary reconciliation among the parties. O.Reg. 275/98, s.2.
(4)If the delivery agent is a district social services administration board, the agreement shall not be effective with respect to a period before July 1, 1998. O.Reg. 275/98, s.2.
(5)The delivery agent shall provide a copy of the agreement to the Minister forthwith after it is made. O.Reg. 275/98, s.2.
(6)Haldimand County and Norfolk County may not enter into an agreement under subsection (1) that apportions between them the prescribed costs payable or to be payable by them under this Regulation for a period before January 1, 2002. O.Reg. 13/02, s.1.
5.2.1(1)If, by March 1, 2002, Haldimand County and Norfolk County have entered into an agreement under subsection 5.2 (1) that apportions between them the prescribed costs payable or to be payable by them under this Regulation for the period commencing on January 1, 2002, subsections 5.2 (2) and (3) do not apply to the agreement. O.Reg. 13/02, s.2.
(2)The agreement becomes effective on January 1, 2002, even if it is made after that date. O.Reg. 13/02, s.2.
(3)If the agreement is made after January 1, 2002, it shall provide for a monetary reconciliation between the parties. O.Reg. 13/02, s.2.
Arbitration Process
5.3Sections 5.5 to 5.8 do not apply with respect to a geographic area whose delivery agent is a district social services administration board or a band or a proposed geographic area whose delivery agent is to be a district social services administration board or a band. O.Reg. 275/98, s.2.
5.4Arbitrations under sections 5.5, 5.5.1, 5.6 and 5.7 are governed by the Arbitration Act, 1991, subject to those sections and to the following rules:
1. The parties may jointly appoint a single arbitrator on or after the day the arbitration is commenced.
2. If the parties have not appointed an arbitrator, the Ontario Court (General Division) may make the appointment on a party’s application under section 10 of the Arbitration Act, 1991.
3. The arbitrator shall make a final award that disposes of the issue, within three months after being appointed.
4. The date by which the arbitrator is required to make an award shall not be extended by a court, despite section 39 of the Arbitration Act, 1991. However, that date may be extended by agreement of the parties.
5. The final award shall apportion among the parties the prescribed costs with respect to the geographic area or proposed geographic area.
6. The arbitration shall not deal with the prescribed costs incurred before the designation date.
6.1 An arbitration between Haldimand County and Norfolk County shall not deal with the prescribed costs payable or to be payable under this Regulation by either of them for a period before January 1, 2002.
7. The final award may be effective with respect to a period before it is made and, in that case, shall provide for a monetary reconciliation among the parties.
8. A party may appeal the final award to the Ontario Court (General Division) only on a question of law, with leave, which the court shall grant only if it is satisfied that the conditions in clauses 45 (1) (a) and(b) of the Arbitration Act, 1991 are met. No appeal lies on a question of fact or of mixed law and fact, despite any agreement by the parties.
9. The arbitrator shall provide a copy of the final award to the Minister forthwith after it is made.
10. At any time during the arbitration, the parties may enter into an agreement under section 5.2 that includes an agreement apportioning the costs of the arbitration among the parties, in which case the arbitration terminates.
11. The parties may, at any time, amend the final award by agreement or replace the award with an agreement under section 5.2. O.Reg. 275/98, s.2; O.Reg. 13/02, s.3.
5.5(1)If, by September 8, 1998, the municipalities set out in the designation of a proposed geographic area have not entered into an agreement under section 5.2, they shall be deemed to have commenced an arbitration on September 8, 1998 of the apportionment among them of the prescribed costs with respect to the proposed geographic area. O.Reg. 275/98, s.2.
(2)At any time before September 8, 1998 a party may, by serving a notice on the other parties, commence an arbitration of the apportionment. O.Reg. 275/98, s.2.
(3)The rules set out in section 5.4 and the following rule apply to an arbitration under subsection (1) or (2):
1. The final award shall come into effect or be deemed to have come into effect on the designation date, and remains in effect unless superseded by an agreement under section 5.2 or a final award in a subsequent arbitration. O.Reg. 275/98, s.2.
5.5.1(1)If, by March 1, 2002, Haldimand County and Norfolk County have not entered into an agreement under subsection 5.2 (1) that apportions between them the prescribed costs payable or to be payable by them under this Regulation for the period commencing on January 1, 2002, they shall be deemed to have commenced an arbitration on March 1, 2002 of the apportionment between them of those costs. O.Reg. 13/02, s.4.